[Code of Federal Regulations]

[Title 33, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR1.20-1]



[Page 23-24]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

         CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY

 

PART 1_GENERAL PROVISIONS--Table of Contents

 

   Subpart 1.20_Testimony by Coast Guard Personnel and Production of 

                      Records in Legal Proceedings

 

Sec. 1.20-1  Testimony by Coast Guard personnel and production of records.



    Authority: 5 U.S.C. 301; 14 U.S.C. 632, 633, 49 U.S.C. 322; 49 CFR 

1.46 and part 9.





    (a) The regulations in 49 CFR part 9 apply to the testimony of Coast 

Guard personnel, production of Coast Guard records, and service of 

process in legal proceedings.

    (b) Except for the acceptance of service of process or pleadings 

under paragraph (d) of this section and 49 CFR 9.19, the Legal Officer 

of each Maintenance and Logistics Command, each District Legal Officer, 

and the Legal Officer assigned to any other Coast Guard unit or command, 

for matters involving personnel assigned to their command, are delegated 

the functions of ``agency counsel'' described in 49 CFR part 9.

    (c) A request for a member or employee of the Coast Guard to 

testify, or for permission to interview such a member or employee, 

should be made to the Legal officer serving the command to which that 

member or employee is assigned, or, if the member or employee is serving 

at Coast Guard Headquarters, or with a command receiving legal services 

from the Chief counsel, U.S. Coast Guard, to the Chief, Office of Claims 

and Litigation. Should the member or employee no longer be employed by 

the Coast Guard, and the testimony or information sought falls within 

the provisions of 49 CFR part 9, the request should be made to the 

District Legal Officer serving the geographic area where the former 

member



[[Page 24]]



or employee resides or, if no District Legal Officer has geographic 

responsibility, to the Chief, Office of Claims and Litigation.

    (d) Process or pleadings in any legal proceeding concerning the 

Coast Guard may be served, at the option of the server, on the Chief 

Counsel or the Deputy Chief Counsel of the Coast Guard with the same 

effect as if served on the Commandant of the Coast Guard. The official 

accepting the service under this section acknowledges the service and 

takes further action as appropriate.



(80 Stat. 383, as amended, sec. 1, 33 Stat. 1022, as amended, sec. 9, 80 

Stat. 944; 5 U.S.C. 552, 14 U.S.C. 632, 633, 46 U.S.C. 375, 416, 49 

U.S.C. 1657 (a) and (e); 49 CFR 1.46, and part 9)



[CGFR 71-30, 36 FR 8732, May 12, 1971, as amended by CGD 95-057, 60 FR 

34150, June 30, 1995; USCG-1998-3799, 63 FR 35525, June 30, 1998]